What are the implications of a labor inspection visit?

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Labor inspection visits are frequent and are particularly important for regulatory compliance and for the health and safety of workers. Visit procedure, checks, sanctions... Find out about the main challenges of a labor inspection visit in this article.

What is the role of the labor inspectorate?

The labor inspectorate is a state body responsible for ensuring that companies correctly apply labor law as well as the application of collective agreements and accords (Article L8112-1 C.Trav.).

As part of its duties and inspections, the labor inspectorate notably ensures compliance with the principles of occupational risk prevention and contributes to improving working conditions and social relations within the company (Article R8112-1 C.Trav.).

Thus, the role of the labor inspectorate is primarily to identify violations of the provisions of the Labor Code regarding health, safety, and working conditions (SST). However, it is also responsible for identifying certain violations of other Codes, including (Article L8112-2 C.Trav.) :

• violations concerning discrimination, psychological or sexual harassment, human trafficking, working and housing conditions, etc. (Penal Code);
• the prohibition of smoking in the workplace (Public Health Code);
• the conditions for entry and stay of foreign nationals in France (Code on the Entry and Stay of Foreigners and the Right to Asylum);
• the reporting of work-related accidents (Social Security Code);
• illegal work (Article L8211-1 C.Trav.).

ℹ Please note : The labor inspectorate falls under the Regional Directorate for Enterprises, Competition, Consumer Affairs, Labor, and Employment (DREETS) and contributes to the execution of its missions.

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Finally, the labor inspectorate plays an important advisory and conciliation role for businesses.

On the one hand, in the event of an internal conflict within the company, the labor inspectorate can act as a mediator between employees and the employer (Article R8112-2 C.Trav.).

On the other hand, it must provide advice and information to users on applicable law and respond to information requests within a reasonable timeframe (Article R8124-20 C.Trav.).

Ethics of the Labor Inspectorate

Labor inspectorate visits can sometimes be a source of tension with the employer. While it is in the employer's interest to maintain a calm and cooperative attitude, the inspectors are, for their part, bound by a code of ethics.

ℹ Please note : The rights and duties of labor inspection are also defined by International Labour Organization (ILO) Conventions No. 81 and No. 129 (Article L8124-1 of the Labor Code).

Specifically, labor inspection officers must:

• be impartial and not show prejudice through their behavior, words, and actions (Article R8124-18 of the Labor Code);
• provide users in identical situations with equal treatment (Article R8124-18 of the Labor Code);
• have no direct or indirect interest whatsoever in the companies they inspect (Article R8124-14 of the Labor Code);
• remain courteous in all circumstances (Article R8124-26 Labor Code.) and refrain from any expression or manifestation of personal beliefs (Article R8124-19 Labor Code.).

🔎 Focus : Labor inspection officers are bound by professional secrecy and particularly concerning manufacturing and operating processes they may observe during their assignments (Article L8113-10 Labor Code.).

What are the procedures for a labor inspection visit?

Labor inspection visits can be carried out by officers at any time of day or night without prior notice (Article R8124-25 Labor Code.). They are nevertheless required to carry their professional identification card to prove their status.

All businesses or premises where work is carried out may be subject to inspection (Article L8113-1 Labor Code.).

The inspector may decide not to notify the employer of their presence if they believe it could hinder the effectiveness of the inspection.

Members of the employee delegation to the Social and Economic Committee (CSE) are informed of their presence by the employer and may submit their observations. The inspector is accompanied by a member of the CSE's employee delegation, if the latter so wishes.

Furthermore, inspectors are authorized to ask employers and employees to provide proof of their identity and address (Article L8113-2 Labor Code.).

How does a labor inspection visit proceed?

During a labor inspection, the application of all regulatory provisions applicable to the company may be verified.

Depending on the company's activity, the inspector will prioritize certain provisions of the Labor Code to verify their compliance.

What checks are carried out by the labor inspection?

Firstly, regarding occupational health and safety (OHS), the inspector can check compliance with the general principles of risk prevention as well as general obligations in this regard (Article L4721-1 C.Trav.).

More specifically, the inspection may cover (Article R4721-1 C.Trav.):

• work organization conditions ;
• the layout of workstations;
• the condition of traffic areas ;
• the cleanliness and orderliness of workplaces;
• the storage of materials and manufactured products ;
• mandatory postings within the company (Article D4711-1 C.Trav.) ;
• compliance with regulations applicable to young workers (Article L4733-2 C.Trav.) ;
• ...

👉 For more information, feel free to consult our dedicated article on mandatory workplace postings !

Still regarding H&S, the inspector may also require the employer to carry out technical checks to verify (Article L4722-1 C.Trav.) :

• the compliance of work installations and equipment ;
• the exposure of workers to physical hazards and to physical, chemical, or biological agents subject to exposure limits ;
• the absence of dangerous physical, chemical, or biological emissions.
• ...

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Furthermore, as part of the fight against illegal labor, the labor inspectorate verifies the absence of the following offenses (Article L8211-1 C.Trav.):

• undeclared work ;
• illegal labor brokering;
• unlawful lending of labor;
• employment of unauthorized foreign nationals;
• irregular multiple employments ;
• fraud or false declaration.
• ...

How is regulatory compliance verified in practice?

Firstly, labor inspection officers can conduct some of their checks through simple observations of the company and its premises.

Secondly, they can access all mandatory documents, books, or registers and pertaining to labor regulations (Article L8113-4 Labor Code.).

Here are the main registers and documents that the employer must make available to the labor inspectorate (Article L8113-4 Labor Code.) :

●     all documents related to controls and verifications (Article D4711-2 Labor Code.) ;

●     the single occupational risk assessment document (DUERP) (Article R4121-1 Labor Code.) ;

●     the public health and environmental alert register (Article D4133-1 Labor Code.) ;

●     the register of serious and imminent dangers (Article D4132-1 C.Trav.) ;

●     the register of electrical installation inspections (Article R4226-19 C.Trav.);

●     the fire safety register (Article R4227-39 C.Trav.) ;

●     the register of minor accidents (Article L441-4 C.Trav.) ;

●     the register of periodic inspections of work equipment (Article R4323-25 C.Trav.) ;

●     etc.

🔎 Focus : In the context of combating illegal work, inspectors also have access to the company's accounting documents (Article L8113-5-1 C.Trav.) as well as documents used to record the working time performed by each employee (Article L3171-3 C.Trav.).

Thirdly, they can take samples of products and materials used or distributed by the company (Article L8113-3 C.Trav.).

These samples must be taken in accordance with the provisions of the Consumer Code (authorized agent, drawing up of official reports, sealing, etc.).

Fourthly, regarding OHS, labor inspection officers can request the employer to have technical verifications or inspections carried out and in particular (Article L4722-1 C.Trav.) :

• measurements of workplace ventilation and sanitation (Article R4722-1 C.Trav.) ;
• photometric readings to measure workplace lighting (Article R4722-3 C.Trav.) ;
• inspection of work equipment (Article R4722-5 C.Trav.) ;
• monitoring of exposure limit values to chemical agents (Article R4722-12 C.Trav.) ;
• monitoring of airborne asbestos fiber levels (Article R4722-14 C.Trav.) ;
• measurements of workers' exposure to noise (Article R4722-16 Labor Code);
• measurements of workers' exposure to mechanical vibrations (Article R4722-18 Labor Code);
• measurements of workers' exposure to ionizing radiation (Article R4722-20 Labor Code);
• verification of compliance of electrical installations (Article R4722-26 Labor Code);
• analysis of materials, substances, mixtures, equipment, machinery, or articles likely to contain or emit dangerous physical, chemical, or biological agents (Article R4722-29 Labor Code).

What is the procedure in case of an infringement?

The labor inspection officer records violations in official reports that are considered valid until proven otherwise (Article L8113-7 of the Labor Code). These reports are forwarded to the public prosecutor.

Regarding OHS, before drawing up a report, the inspector serves formal notice on the employer to allow them time to comply with regulations (Article L4721-4 of the Labor Code).

⚠️ Warning : When the inspector observes a serious or imminent danger to the physical integrity of workers, they may immediately draw up a report without prior formal notice (Article L4721-5 of the Labor Code).

Formal notices must specify the observed violations and set the deadline by which these violations must have been rectified (Article L4721-6 of the Labor Code). This deadline cannot be less than four days. You will find in this table the deadlines set depending on the offenses committed by the employer (Article R4721-5 C.Trav.).

They are notified in writing to the employer either by hand delivery or by registered letter (Article R8113-4 C.Trav.).

🔎 Focus : The DREETS can also issue a formal notice to the employer when the offenses committed concern non-compliance with general prevention principles or a breach of the general health and safety obligation (Article L4721-1 C.Trav.).

However, the employer has the option to contest the formal notice either before the Ministry of Labor or before the DREETS, depending on who issued the formal notice (Article L4723-1 C.Trav.).

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In addition to official reports of violations and formal notices, the labor inspection officer can implement emergency measures in cases of serious risk.

To this end, they can refer the matter to the court so that the latter takes the necessary measures to eliminate the risk (decommissioning, immobilization, seizure, etc.) (Article L4732-1 C.Trav.).

Finally, as an emergency measure against a serious and imminent danger,the inspector can order the temporary suspension of work or an activity when they observe (Article L4731-1 C.Trav.):

• inadequate protection against falls from height ;
• the absence of measures against the risks of engulfment;
• the absence of protective measures capable of preventing risks related to asbestos removal or encapsulation work;
• the use of work equipment without adequate protection ;
• a risk in the vicinity of overhead or underground power lines;
• a risk of direct electrical contact with live bare parts.

What are the penalties for violating the Labor Code?

Violations of the Labor Code are punishable by fines for the employer.

⚠️ Warning : Obstructing the work and inspection of a labor inspector is punishable by one year's imprisonment and a fine of 37,500 euros (Article L8114-1 C.Trav.).

Regarding OHS, generally, deficiencies concerning work equipment or its compliance, as well as any failure in preventing exposure risks, expose the employer to a fine of 10,000 euros (Article L4741-1 C.Trav.).

During an inspection, the employer is liable to a fine of 10,000 euros if they have not complied with:

• the decision for temporary suspension of activity ordered by the inspection officer (Article L4752-1 C.Trav.);
• a request for verification, measurement, or analysis from the labor inspector (Article L4752-2 C.Trav.).

Similarly, during an inspection, the employer is liable to a fine of 3,750 euros if they do not comply with:

• the formal notices from the DREETS (Article L4741-3 C.Trav.);
• the measures relating to the temporary suspension of activity ordered by the inspection officer (Article L4741-3-1 C.Trav.). He also faces one year of imprisonment.

Furthermore, failures and deficiencies regarding mandatory workplace postings are punishable by a fine of 4^th class, or 750 euros (Article R4741-3 C.Trav.).

Finally, the employer is also liable for a fine of 5^th class, or 1500 euros for:

• failure to update the risk assessment (Article R4741-1 C.Trav.);
• absence of mandatory registers in OHS (Article R8114-2 C.Trav.).

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In summary